Guidelines for Examination
PART C
CHAPTER VI EXAMINATION PROCEDURE
2. Examination procedure in general
2.5 Communication under Rule 51(4)
 

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PART C
CHAPTER VI EXAMINATION PROCEDURECHAPTER VI EXAMINATION PROCEDURE
2. Examination procedure in general2. Examination procedure in general
  2.4 Re-examination, refusal, appeal, interlocutory revision2.4 Re-examination, refusal, appeal, interlocutory revision     2.6 Grant of a patent2.6 Grant of a patent  
 

2.5

Communication under Rule 51(4)

 

If the Examining Division considers that a European patent may be granted, it will first issue a communication under Rule 51(4) in order to inform the applicant of the text in which it intends to grant the patent. In this communication, the applicant is requested to pay the fees for grant and printing and to file a translation of the claims in the two official languages of the EPO other than the language of the proceedings within a specified period. The translation should meet the requirements pursuant to Rule 36(1). If the applicant pays the fees and files the translation within the specified period, he is deemed to have approved the text intended for grant.

 

Rule 51(4)

Rule 36(1)

Rule 51(10)



In the communication under Rule 51(4), if applicable, the applicant is also requested to pay claims fees pursuant to Rule 51(7) within the same period. Further, if the translation of the priority document(s), as required by Art. 88(1) or the declaration according to Rule 38(5) has not yet been filed, the applicant is requested to do so within the same period.

 

Rule 51(7)

Rule 38(5)



The communication must indicate the designated Contracting States which require a translation pursuant to Art. 65(1) (Rule 51(10)).

 

Rule 51(10)



For further details of the procedure at the final stage of examination, see VI, 15.